Section One: Decisions

Introduction

Once all the evidence has been presented and cross-examined, it is your duty to apply it to the elements of the charge and make a decision as to whether or not the prosecution has proved each element of the offence beyond reasonable doubt.

It is not a matter of your opinion as to which party is 'right', but an organised process of applying the facts to each element of the charge.

Because you work together with another Justice you need to agree on the decision - if, after careful discussion, you really can't agree then there is reasonable doubt and the case must be dismissed. Again, the key is to undertake the task carefully and logically.

Remember, this decision is only about whether or not there is evidence to prove each element of the charge. You are not thinking about penalties yet.

Reading

• Judicial JP Manual chapter 13, Decision-making in Criminal Cases